ChatGPT soumis à de nouvelles règles européennes aux multiples angles morts

The European Union has classified ChatGPT as a "very large online search engine" under the Digital Services Act (DSA), subjecting it to transparency and risk mitigation obligations similar to those imposed on tech giants like Google and Microsoft. This classification, however, is limited to the search engine aspect of the tool and does not cover conversations where the chatbot provides its own input.

The commission could have classified ChatGPT as a "very large online platform," which applies to social networks and e-commerce platforms and imposes different obligations. However, no category accurately reflects the varied uses of chatbots. ChatGPT and its competitors have sparked global controversy, with concerns over their potential contribution to adolescent suicides, including that of 16-year-old Adam Raine in California.

The current digital services legislation, adopted in 2022, did not foresee the rise of chatbots. ChatGPT is being classified as a hybrid technology that combines the functions of a search engine, an online platform, and other content-related functions. This classification may limit the Commission's ability to control the chatbot's handling of risks related to adolescent mental health, election integrity, and illicit content.

While the classification process took less than a year, experts are uncertain about the specific obligations OpenAI will face. The classification of "platform" would have imposed additional content moderation obligations under the digital services regulation, but it would have also allowed OpenAI to avoid a significant portion of its responsibilities.